Monday, May 11, 2009

Nizar is the legitimate MB: Now what?

Nizar is the rightful MB, the court ruled today. Read it here. The High Court has made its ruling. The judgment is final, not interim as far as the proceeding in the High Court is concerned. All parties must accept the ruling made today. There's no 2 ways about it. Yes, some would say that the losing party is yet to exhaust all legal remedies available to them, but as far as the said High Court matter is concerned, the court has made it's final ruling based on evidences and facts presented before it by both parties. Rightly or wrongly, the court has decided. Respect that.

Okay let's forget about other avenues available to the parties involved e.g. the upcoming stay applications, appeal & cross-appeal & all that legal mumbo-jumbo for a while. I have stated my opinion legally on the matter and as a lawyer I'll stand by it. And so did most of us, lawyers & non-lawyers alike. Let us not dwell on that at this juncture. For now, my question is this, what good is an MB without the majority of the house behind him? What good is an MB without majority of the state legislative assembly backing him up? Can he move forward? Considering all the changes that have taken place during the 7th May sitting of the state legislative assembly, can the MB govern? The chances of him being voted out of office is far greater than the chances of him staying on as MB, and, correct me if I am wrong, few days is all it takes for the speaker to issue the notice for an emergency sitting of the DUN.

Unless of course the PR wants to challenge the 7th May episode in the court that is. That's another matter. But to do that they will be blowing hot & cold as to the sanctity of DUN proceeding which they categorically argue (in the sivakumar's case) as unchallengeable in any courts of law. Challenging it will only lead to further turmoil prolonging the impasse which, I would believe, no level headed Pakatan leaders would want to do. Not when the interest of the rakyat is at stake. Is it not?

Which way Perak should go then?

I watched the news just now. As soon as he emerged as the winner, Nizar gallantly announced that he wanted to seek an audience with the Sultan to request permission to dissolve the state assembly. Isn't that an abuse of the process of the court? You don't go to court & pray for you to be restored as the MB just for the sake of relinquishing the post, do you?

Instead of making the above announcement, why don't he just announce that he will go to the Sultan (and for goodwill purposes, would want to bring Zambry along with him) and together they will request his highness to intervene and advise the 3+1 froggies to resign as ADUN instead & let the people of the 4 constituents decide who they want as their reps and with it decide who would they want as the state government of Perak? Let the Sultan act as mediator, get the froggies to resign and all parties involved abide to this and end all legal tussles currently.

The culprit of this impasse is the 3+1 froggies. The 4 must make way and save the state from incurring unnecessary further losses if it is to hold a state-wide poll. Let the people of the 4 constituents decide.

Boleh ke macam tu Mr. MB?


Piggy Singh said...

Salam Tuan Lawyer,

You were right, it seems that now only politics matter in our 365 days a year.

Who or what was the cause of all these evil? Perhaps I should go and ask Tan Tin Tun Dollah.


kluangman said...

Keputusan mahkamah sebenarnya memberi peluang semula kepada kedua dua pihak untuk kembali kepada tindakan mengikut peraturan dan undang2.. kedua dua pihak selama ini cuba menegakkan benang basah masing2.

Mari kita lihat siapa yang kena !!!

Anonymous said...

Dat's a brilliant suggestion! Aku pun nengok kesian kat orang2 Perak - too much politicking in the last few months all becoz of the 3 (ke four?) froggies.

Still coming from a PAS supporter, I'd say Nizar looks far more convincing and credible leader than Zambry. I dunno about the guy - apa specialty dia...?

-Glory glory Man United-

Lawyer Kampung said...

Dear -Glory glory Man United-, ;-) the Bota guy (the round trip UMNO-PKR-UMNO) is also a frog to me. Plus the 2 from PKR & 1 from DAP, that's 4 .. Zambri? Aku pun tak kenal..haha ..Apart from holding the fort as what he did during the 7th May episode, I think dia pun still tak sempat nak tunjuk "skill" lagi ke guane mung rase..?
Thanks for the comment bro... -Torres rules!-

Lawyer Kampung said...

Tuan Piggy Singh & Kluangman.. terimakasih for those comments.. :-)

Anonymous said...

Lame dok tengok blogs2 sbb busy dgn kije bro tapi Nizar case piqued my interest to check what's going on...

From the blogosphere seems that it's not done and dusted yet like the PL trophy. Still can appeal and/or go to Federal Court lah etc.

On a lighter note, can you imagine if Tevez and Torres swap places? Even the great Paisley or Shankly would wave white flag!

-Glory glory Man United-

Dhahran Sea said...

Tuan lawyer,
I tend to agree with what the non-lawyer TDM said weeks ago when Najib was "advised" to stage the "back door" coup... not to rejoice prematurely... hasty decisions could call for trouble... and now I think it makes sense that the right to decide is returned back to the people of Perak and not to the three "political prostitutes" who have caused havoc and made Malaysia famous to the whole world for the wrong reason!

Ismail N said...

Nizar want to seek audience with Sultan? I thought he already did that dulu bro and Sultan has decided that Zambry is the MB. I'm eager to see what Sultan's reaction when this moron see him again, although most probably Sultan might not want to masuk campur. We will have a fresh election and PR can have their monthly "on the street party" yet again.

Btw, have u check the EPL standing lately? :)

Ihsan said...

Lawyer Kampung, are you a real lawyer? If so, you should know that only the MB can request for dissolution of the State Assembly from the Sultan. It's not a case of "restored as the MB just for the sake of relinquishing the post", as you put it. Nizar has been consistent from day one of this whole affair, that all that he wants is a fresh state-wide election. Not to hold on to power no matter what.

Secondly, it's not proper for the Sultan to advise ADUNs to resign. The Sultan is above politics. There is no provision in the constitution and no precedent for the Sultan to do that.

bro brotherhood, said...

As-Salam Bro LK,..heheh,..wat else can I say,..TIME WILL TELL,..(,")

When you philosophically oppose an entire power elite, you cannot help but sound like a conspiracy theorist. Social power is by nature a conspiracy. ~ Tom N

kluangman said...

Tuan Lawyer,

1. Zambri akan merayu dan minta perlaksanaan ditangguh, apakah mahkamah bersetuju dan memberi izin?

2. Jika mahkamah bersetuju perlaksanaan ditangguh, siapakah MB yang sah sehingga tempoh pendengaran kes di mahkamah persekutuan?

3. Jika dalam tempoh tersebut ( rayuan ) Zambri masih MB yang sah, apakah Nizar boleh menggunakan kapasiti keputusan mahkamah tersebut meminta perkenan Sultan membubarkan dewan ?

4. Jika Zambri masih MB yang sah, bagaimanapula kalau Sultan (andaian) memperkenankan DUN dibubarkan atas permintaan Nizar?

5. Makin bercelarulah jadinya jika UMNO pula memohon kepada mahkamah bahawa peristiharan pembubaran DUN oleh Sultan tidak sah.

Zed Zachary said...

Loteh den mendengonye!! Nak baca news pun dah malas dah..mcm kartun Tom & Jerry punya cerita pulak. Sat aku kena, sat hang kena.. But I wud love to give that Sultan Sivakumar a tight slap in his face for being so..ewww!!!!

michael said...

I like your suggestion but nowhere in the constitution is such a method legal in deciding who should run the state government.

Anyone with locus standi may challenge the arrangement and render it void.

Unless the 4 frogs resign on their own accord (on what basis? another 25mil each?)the suggestion is, sadly, untenable.

Anonymous said...

Tuan lawyer,
Setuju dengan tulisan tuan. Masalahnya kenapa UMNO/BN takut untuk menghadapi pilihanraya dan bersikap seperti sudah kalah sebelum bertanding. UMNO/BN tewas dipilihanraya PRU12 di Perak adalah kerana kesilapan strategi iaitu berterusan meletakan calun MIC di kubu kuat UMNO contohnya DUN Pasir Panjang, DUN Behrang dan DUN Hutan Melintang. UMNO/BN boleh mengekalkan 27 kerusi yang dimenangi di PRU12 dan seterusnya merampas kembali beberapa DUn seperti Cangkat Jong, Changkat Jering, Selingsing dan Titi Serong.

Tuan lawyer, kenapa kita takut kalah sebelum bertanding. Orang melayu di Perak belum lupa kepada UMNO kerana UMNo masih relevan dan masih boleh diharap.

mokhtar adnan.

satD said...

salam bro LK

lame tak ke sini..mohon maaf...bace tapi tak comment....

anyway....from procedural perspective do u think Siva is also still the valid speaker?

Lawyer Kampung said...

satd, sivakumar? he got what he wanted. The DUN has spoken. Majority did not want him. Pergi main jauh-jauh lah sivakumar..haha..
and if I am to decide the N v Z case.. kalong ningkan would be distinguished from the present case.. not applicable, period. As I said before, the sultan did what he has to do and he is entitled to do so legally.

Lawyer Kampung said...

ihsan, you said "Not to hold on to power no matter what." must be joking bro! ;-)

Anonymous said...

Small problem. My understanding is that a ADUN cannot resign and recontest the seat for a fixed period of time.
Hence given that these 3 or 4 ADUN's are clearly materialistic, tis is not an option that they will accept.

The only solution is a state-wide election. Let the people of Perak decide whether they support the actions of Mandela Zambry or Gandhi Nizar...